A. In fact, the Defendant misunderstanding (a special assault 5609, group 2016, group 5609) of the fact that the Defendant drinking alcohol at the 1st head office of “E” (hereinafter “the instant main office”) and drinking alcohol in the corridor at the 2nd office of the instant main office, became a guest who drinking alcohol at the 2nd office of the instant main office, and flasing the beer’s disease on the table.

However, there was no assault on the part of the victim G, who was the 2 heading room of this case due to the beer disease of this case, on the part of the victim G, on the left part of the chest.

This is clear even if the statement of CCTV images and witnesses as well as the defendant's assertion is taken into account, so the judgment of the court below which found the guilty of this part of the facts charged is erroneous.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Unless there are exceptional cases where maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is deemed remarkably unfair, the appellate court does not reverse without permission the first deliberation decision on the credibility of a statement made by a witness of the first instance court just because the first deliberation decision on the credibility of the statement made by the witness of the first instance court is different from the appellate court's decision (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). 2) The lower court acknowledged the fact that the defendant assaulted the victim one time due to a beer disease as stated in the facts constituting the crime in the judgment of the lower court based on G and F's legal statement, etc., and in light of the following facts and circumstances, the lower court's judgment is just and acceptable, and there is no error in the misapprehension of the facts alleged by the Defendant.

Therefore, this part of the defendant's assertion is rejected.

A) Witness G is from an investigative agency.